MOTION TO SUPPLEMENT THE RECORD - Angel Diaz

http://www.angel-diaz.us/legal/statemotiontosuppl.htm

http://www.angel-diaz.us/legal/Filed_11-30-2006_MotiontoSupplementTheRecord.pdf - PDF

IN THE SUPREME COURT OF FLORIDA
CASE NO. SC06-2259
ANGEL NIEVES DIAZ,
Appellant,
vs. MOTION TO SUPPLEMENT THE RECORD
THE STATE OF FLORIDA,
Appellee.
/
Appellee, THE STATE OF FLORIDA ("State"), pursuant to Fla. R. App. P. 9.200(f), moves this Court to supplement the record with the attached documents, and as grounds therefore, states:

1. Appellant is presently under a death warrant and is scheduled to be executed on December 13, 2006. He is appealing the denial of his second motion for post conviction relief and associated rulings.

2. Pursuant to this Court’s November 15, 2006, the record on this appeal was due by 5:00 p.m. yesterday. Appellee received its copy of the record on appeal shortly before noon.

3. The record on appeal does not include:

a. The trial court’s October 10, 2006 Notice of Hearing, setting the original Huff hearing for November 1, 2006;

b. The public records requests addressed to the Department of Corrections, Florida State Prison, the Office of
the Attorney General or the Office of the Medical Examiner for the Eighth District, which were attached to Appellant’s November 1, 2006 Notice of Filing;1

c. Appellant’s November 9, 2006 Amended Motion for Post Conviction Relief; and

d. The Department of Corrections’ Objection to Appellant’s November 1, 2006 Request for Public Records.

3. The documents are necessary for a full and fair resolution of this appeal.

WHEREFORE, Appellee respectfully requests that the Court enter an order supplementing the record with the attached documents.

Respectfully submitted,
CHARLES J. CRIST, JR.
Attorney General
Tallahassee, Florida

SANDRA S. JAGGARD
Assistant Attorney General
Florida Bar No. 0012068
Office of the Attorney General
Department of Legal Affairs
444 Brickell Avenue, Suite 650
Miami, Florida 33131
(305) 377-5441
Fax (305)377-5655
21 The notice of filing is included in the record as is the public records request directed to the Governor.
3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was furnished by fax and U.S. mail to Suzanne Myers Keffer, 101 N.E. 3rd Avenue, Suite 400, Fort Lauderdale, Florida 33301, this 30th day of November 2006.
______________________________
SANDRA S. JAGGARD
Assistant Attorney General